IEA 85B→BSA 86

IEA 85B to BSA 86: Presumption as to electronic records and electronic signatures

Section 85B IEA (1872) replaced by Section 86 BSA (2023)

View IEA Section 85B →View BSA Section 86 →

IEA 85B to BSA 86 at a Glance

Section 85B IEA (Presumption as to electronic records and electronic signatures) is now Section 86 BSA, in force from 1 July 2024. What changed is set out below.

What Changed From IEA 85B to BSA 86?

Section 85B of the Indian Evidence Act, 1872 became Section 86 of the Bharatiya Sakshya Adhiniyam, 2023 on 1 July 2024. Sub-section (2) reads "secure electronic signature" for "secure digital signature". Otherwise the same.

IEA 85B vs BSA 86: Comparison Table

AspectIEA 1872 (repealed)BSA 2023 (in force)
Section85B86
HeadingPresumption as to electronic records and electronic signaturesSame
Sub-sections2 sub-sectionsSame

IEA 85B and BSA 86: Bare Act Text Side by Side

IEA 1872 (repealed)

Section 85B, IEA 1872

85B. Presumption as to electronic records and electronic signatures.—(1) In any proceedings involving a secure electronic record, the Court shall presume unless contrary is proved, that the secure electronic record has not been altered since the specific point of time to which the secure status relates. (2) In any proceedings, involving secure digital signature, the Court shall presume unless the contrary is proved that— (a) the secure electronic signature is affixed by subscriber with the intention of signing or approving the electronic record; (b) except in the case of a secure electronic record or a secure electronic signature, nothing in this section shall create any presumption, relating to authenticity and integrity of the electronic record or any electronic signature.
BSA 2023 (in force)

Section 86, BSA 2023

86. Presumption as to electronic records and electronic signatures.—(1) In any proceeding involving a secure electronic record, the Court shall presume unless contrary is proved, that the secure electronic record has not been altered since the specific point of time to which the secure status relates. (2) In any proceeding, involving secure electronic signature, the Court shall presume unless the contrary is proved that— (a) the secure electronic signature is affixed by subscriber with the intention of signing or approving the electronic record; (b) except in the case of a secure electronic record or a secure electronic signature, nothing in this section shall create any presumption, relating to authenticity and integrity of the electronic record or any electronic signature.

When It Applies: IEA 85B vs BSA 86

Under IEA 85B
  1. Proceedings before a court involve a secure electronic record.
  2. Unless the opposite is proved, the court must presume that the secure record was not changed after the specific time when its secure status applied.
  3. Proceedings before a court involve a secure digital signature.
  4. Unless the opposite is proved, the court must presume that the subscriber attached the secure electronic signature intending to sign or approve the record.
Under BSA 86
  1. A proceeding before a court involves a secure electronic record.
  2. Unless the opposite is proved, the court must presume that the secure record was not changed after the specific time when its secure status applied.
  3. A proceeding before a court involves a secure electronic signature.
  4. Unless the opposite is proved, the court must presume that the subscriber attached the secure electronic signature intending to sign or approve the record.

What IEA 85B to BSA 86 Means in Practice

Section 85B IEA became Section 86 BSA on 1 July 2024. Sub-section (2) reads secure electronic signature in place of secure digital signature, while the rule is otherwise the same. A person in court should cite Section 86 BSA for matters governed by the Adhiniyam.

Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.

Sources: Indian Evidence Act, 1872 · Bharatiya Sakshya Adhiniyam, 2023 ·